Find the best financial services for you at: SMARTFINANCESOLUTIONS.NET - What if special warranty deed was filed in different county than property? - We are seeing an attorney on Monday, but I'm dying to know if anyone has been in this situation. My husband divorced his ex-wife in 2009. She wanted the house, he let her take it. His attorney had us file a special warranty in the county we were living in, not the county the home was in. The divorce decree gave her a certain date to have his name off the mortgage, but she could not refinance or sell. She has now filed bankruptcy and is surrendering the home because she could not get his name off (which I think is bankruptcy fraud because she can afford the mortgage.) She also has already moved out of the home. A title search shows my husband is still listed on the deed as the owner with her. If she surrenders the home he is still responsible for the mortgage, so if he is still listed on the deed, can we just take the house if she's surrendering it? Can we cancel that special warranty deed or is it voided since it was never recorded by the correct county? I am terrified that if she is allowed to discharge the mortgage debt, we are going to be in a financial catastrophe if we can't take over the mortgage and house. -
